Doctor, former employer trade fraud allegations

A potentially bruising court battle between a doctor and his former employer, involving allegations of patient stealing, forged prescriptions and improper billing, could be cut short by a quick settlement.

Docs at the Door P.C., which provides house calls, filed a lawsuit Aug. 2 against Dr. Joseph Ofisi, who previously worked for the south suburban firm as an independent contractor.

The case was on the verge of settlement, lawyers for both sides said last week. Any agreement would not be reached before a sharp exchange of misconduct charges.

Such harsh accusations typically don't help either party, in part because the allegations could invite further scrutiny from state and federal authorities, said Dorothy Voss Ward, a partner at Kamensky Rubinstein Hochman & Delott LLP who focuses on health care law.

“You want to keep your dirty laundry hidden,” she said. “You don't put it in a complaint for the world to see.”

FORGERY ALLEGATIONS

Dr. Ofisi, a 2004 graduate of University of Nairobi in Kenya, was fired July 22 after forging another doctor's signature on a prescription and using the Drug Enforcement Agency number of Dr. Banio Koroma, medical director and president of Docs at the Door, according to a complaint filed in the Circuit Court of Cook County. A DEA number is required by federal law to prescribe a controlled substance.

Dr. Ofisi also sought payments for patient visits he did not make, the complaint says.

In an interview, Dr. Ofisi blasted the Matteson-based company.

The allegations against him were “all false,” he said. He left Docs at the Door after Dr. Ajibola Ayeni, the company's executive director, authorized medically unnecessary tests under his name, then billed Medicare for them, Dr. Ofisi said.

Dr. Ofisi, who completed a trauma fellowship at John H. Stroger Jr. Hospital, said he has talked to the FBI about his allegation of improper billing.

The lawsuit also mentions Dr. Ofisi's claim to be working with the FBI, calling it defamation.

Mr. Tomlinson said yesterday that Dr. Ofisi's claims could derail the settlement negotiations.

Since his departure, Dr. Ofisi has used the company's confidential information to recruit patients to the company where he now works, southwest suburban Excellent Health Care Services Inc., the complaint says.

“Dr. Ofisi's misconduct has caused numerous patients to cease being patients of Docs at the Door resulting in the loss of tens of thousands of dollars of actual and potential profit,” the complaint says.

'ILLICIT CONTACT'

Excellent Health, a diagnostic center and home health care network, knew about Dr. Ofisi's “illicit contact of Docs at the Door's patients and has, at best, not taken any steps to stop such contact and, at worst, has actively encouraged it,” according to the complaint.

Ahsin Shamsi, administrator for Excellent Health, said Docs at the Door is simply trying to prevent Dr. Ofisi from working elsewhere. Excellent Health “has nothing to do with” Docs at the Door, he said.

The lawsuit seeks unspecified damages for fraud, unfair business advantage and violations of the state's trade secret law.

Now, the two sides are close to finalizing a settlement agreement, Mr. Tomlinson and Michael Brennan, an Orland Park lawyer representing Dr. Ofisi, said last week.

The terms of the settlement would be confidential, Mr. Brennan said.

A FBI spokeswoman declined to comment on whether Dr. Ofisi has assisted the agency in an investigation.

Update, 12:30 p.m. — After this story was published, the U.S. Attorney’s office announced the arrest of Dr. Koroma in connection with an investigation into allegations of fraud at another house call firm.